UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-1898
ALAIN TSOBGNY,
Petitioner,
versus
ALBERTO R. GONZALES, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A95-545-788)
Submitted: March 18, 2005 Decided: April 4, 2005
Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Bokwe G. Mofor, Silver Spring, Maryland, for Petitioner. Peter D.
Keisler, Assistant Attorney General, Terri J. Scadron, Assistant
Director, Joshua E. Braunstein, OFFICE OF IMMIGRATION LITIGATION,
Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Alain Tsobgny, a native and citizen of Cameroon,
petitions for review of an order of the Board of Immigration
Appeals affirming without opinion the Immigration Judge’s (IJ)
denial of his applications for asylum, withholding of removal, and
protection under the Convention Against Torture.
To obtain reversal of a determination denying eligibility
for relief, an alien “must show that the evidence he presented was
so compelling that no reasonable factfinder could fail to find the
requisite fear of persecution.” INS v. Elias-Zacarias, 502 U.S.
478, 483-84 (1992). We have reviewed the evidence of record and
conclude that Tsobgny fails to show that the evidence compels a
contrary result. Having failed to qualify for asylum, Tsobgny
cannot meet the higher standard to qualify for withholding of
removal. Chen v. INS, 195 F.3d 198, 205 (4th Cir. 1999); INS v.
Cardoza-Fonseca, 480 U.S. 421, 430 (1987). Finally, we uphold the
IJ’s finding that Tsobgny failed to establish that it was more
likely than not that he would be tortured if removed to Cameroon.
See 8 C.F.R. § 1208.16(c)(2) (2004).
Accordingly, we deny the petition for review. We
dispense with oral argument because the facts and legal contentions
are adequately presented in the materials before the court and
argument would not aid the decisional process.
PETITION DENIED